The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-25
AS SEEN FROM ABROAD.
A New York Journal on the
Recent AppOin tment.

ceedings to wind up the affairs of the
corporation known as the Church Of
jesuit Christ of Latter Day Saints.
The anti-polygamy measure pre-
pared by Senator Edmunds, Senator
ingalls,, and others. provided, among
other things, for the dissolution of two
great corporations which have been
the material basis of the Mormon sys-
tenn, namely, the Church of Jesus
Christ of Latter-Day Saints, and the
Perpetual Emigrating Fund Com
pany.
The act declared the existence of these
corporations at an end, and directed the
attorney general to institute proceed
ings in the Supreme Court of the Terri
tory to wind up their affairs conform
sbly to law; that is to say, to pay the
debts and lawful claims, and to dis
pose of the property of the concerns,
the proceeds after the settlement of all
equitable claims, to be- forfeited to the
United States, and by the United States
to be applied to the benefit of the COM
mon schools of the Territory. The law
excerpts from forfeiture all buildings
and grounds used exclusively for
church purposes, also the parsonages
and cemeteries.
When this bill was under discussion
in the Senate, Senator Vest denounced
the act as q measure of naked, simple,
bold confscation, and nothing else u
He demanded to know by what right
the United States declared the funds OF
the Mormon Church and OF he Immi-
grafton Society escheated aEd to be ap-
piled to educational purposes. Mr..
Edmunds then explained the intent of
the laws as that after the last deot had
been paid, after the last stakeholder
he'd been found, after the last donor or
contributor had been hunted up who
could show that On the principles of
equity and law he was entitled to recall
his fund, the residue only should be
turned over to the use of the public
Schools" THAT residue" said Mr..
Edmunds, lis dereiict property for
which no lawful or equitable claimant
can be found, and the statement OF it is
enough to answer the objection"
Few people at the east are aware Of
the scope of the anti-Mormon legisla-
ton adopted in the last days of the
Forty-ninth Congress, or that this ire
mendous process of dissolution and
settle ment is now under way IN the
Utah courts.
as far as the principal church cor
poration is concerned, there will be, as
Mr.. Ingalls, explained, little, If any,
forfeiture of surplus property The
20 % hnInn- fn M
class exempted by the act. In admin
ister!ng The estate OF the corporation,
the court merely transfers the title of
the church editices and lands, parson-
ages and burial grounds, to duly ap-
pointed trustees of the individual con-
gregations which actually hold and use
them. AS there is no limit to the
holdings of real estate for religious
purposes, the wiping out OF the central
church organization does not affect the
rights of property.
The case is very different with the
of the Perpetual Emigrating
r und Company. In the process OF
settling the affairs of that secular con-
FERN the intention is to return to in
investors or contributors their
share of the funds, so far as their
:lalms can be established. The vast
of small contributions |
md the increment therefrom, indis- !
in the mass, will make the |
'esidue which is to be forfeited and ap-
,lied to school purposes.
Whatever are the merits Of the law |
lnder which the United States of |
America, plaintiff, has now brought |
nit in the Supreme Court of Utah |
gainst the Church of Jesus Christ of [
Saints ct al, defendants, it I
/ will be seen that this law must be ex
cuted with the utn ost care and eau
ion, and with the most scrupulous
esard for all the safeguards of justice
nd equity. Otherwise it is capable OF
ecomiug the engine of outrageous op-
ression, of abominable and un-Ameri-
an persecution.
Is the law now being fairly and justly
We learn from Utah that
u the due course of the proceedings 10
lind up the corporations, the Supreme
curt has appointed ceiver of the
roperty of the Mormon Church. This
sceiyer is no other person than The
United States Marshal for the Territory
Utah. In other words, the plaintiff
made receiver. In q private suit
lch an appointment would be scanda-
,us, incredible. For this appointment
8 receiver of representative of the
laintiff-two Of the Associate Justices
{ the Supreme Court of : are
We understand. l.. Ghief
QStice Zane dissented from th ex-
appointment. alt Ough
in the order directing 3 re-
,iver.
Furthermore, it is reported upon
trustworthy authority that although c
le Marshal Receiver is ordered by the 9
,urt to give bond in the sum of $3.50,
10 for the faithful administration OF
is trust. this bond Is given to the CLERK
the court itself, and the sureties are
be approved by the court itself, or by
~ judge of the court. Thus the
arshal is invested within unlimited
ower over the property of the Mormon
hurch, pending the litigation; and il
effect responsible solely to the tlerk
the court, ,.EE ...
Suppose the clerk should accept men
straw as the receivers sureties Sup
,se the Marshal and the Clerk together
Iould make ducks and drake Of the
ormon funds while the case is dragg~
g its way up TO the Supreme Court OF |
lie United States2 To whom would |
~ trustees of the Mormon Cburch